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Author: John Jackson
Publisher: Routledge
ISBN: 1315278758
Category : Law
Languages : en
Pages : 227
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Book Description
The last twenty years have seen an unprecedented rise in the use of secret courts or ‘closed material proceedings’ largely brought about in response to the need to protect intelligence sources in the fight against terrorism. This has called into question the commitment of legal systems to long-cherished principles of adversarial justice and due process. Foremost among the measures designed to minimise the prejudice caused to parties who have been excluded from such proceedings has been the use of ‘special advocates’ who are given access to sensitive national security material and can make representations to the court on behalf of excluded parties. Special advocates are now deployed across a range of administrative, civil and criminal proceedings in many common law jurisdictions including the UK, Canada, New Zealand, Hong Kong and Australia. This book analyses the professional services special advocates offer across a range of different types of closed proceedings. Drawing on extensive interviews with special advocates and with lawyers and judges who have worked with them, the book examines the manner in which special advocates are appointed and supported, how their position differs from that of ordinary counsel within the adversarial system, and the challenges they face in the work that they do. Comparisons are made between different special advocate systems and with other models of security-cleared counsel, including that used in the United States, to consider what changes might be made to strengthen their adversarial role in closed proceedings. In making an assessment of the future of special advocacy, the book argues that there is a need to reconceptualise the unique role that special advocates play in the administration of justice.
Author: John Jackson
Publisher: Routledge
ISBN: 1315278758
Category : Law
Languages : en
Pages : 227
Get Book Here
Book Description
The last twenty years have seen an unprecedented rise in the use of secret courts or ‘closed material proceedings’ largely brought about in response to the need to protect intelligence sources in the fight against terrorism. This has called into question the commitment of legal systems to long-cherished principles of adversarial justice and due process. Foremost among the measures designed to minimise the prejudice caused to parties who have been excluded from such proceedings has been the use of ‘special advocates’ who are given access to sensitive national security material and can make representations to the court on behalf of excluded parties. Special advocates are now deployed across a range of administrative, civil and criminal proceedings in many common law jurisdictions including the UK, Canada, New Zealand, Hong Kong and Australia. This book analyses the professional services special advocates offer across a range of different types of closed proceedings. Drawing on extensive interviews with special advocates and with lawyers and judges who have worked with them, the book examines the manner in which special advocates are appointed and supported, how their position differs from that of ordinary counsel within the adversarial system, and the challenges they face in the work that they do. Comparisons are made between different special advocate systems and with other models of security-cleared counsel, including that used in the United States, to consider what changes might be made to strengthen their adversarial role in closed proceedings. In making an assessment of the future of special advocacy, the book argues that there is a need to reconceptualise the unique role that special advocates play in the administration of justice.
Author: John D. Jackson
Publisher:
ISBN: 9781138242012
Category : Criminal defense lawyers
Languages : en
Pages : 0
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Book Description
This book explores the role of special advocates in different types of proceedings where national security has provided the justification for closed proceedings.
Author: Robert Ward
Publisher: Oxford University Press
ISBN: 0198895283
Category : Law
Languages : en
Pages : 1105
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Book Description
Written by expert contributors, this book collates and explains the core elements of national security law, both substantive and procedural, and the practical issues which may arise in national security litigation.
Author: Keane Adrian (author)
Publisher: Oxford University Press
ISBN: 0198903820
Category :
Languages : en
Pages : 950
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Book Description
Author: Paul Roberts
Publisher: Oxford University Press
ISBN: 0198824483
Category : Law
Languages : en
Pages : 897
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Book Description
Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published.With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one.The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.
Author: Conor McCormick
Publisher: Bloomsbury Publishing
ISBN: 1509944133
Category : Law
Languages : en
Pages : 273
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Book Description
This book provides a detailed account of each law officer's functions and draws on that account as the basis for a conceptual analysis of their constitutional legitimacy. In recent years, the constitutional legitimacy of law officers has been questioned repeatedly because of recurring controversies surrounding the discharge of their varied functions. Indeed, it has become increasingly clear that those functions enable law officers to play a highly influential part in the regulation and exercise of public power throughout the United Kingdom. McCormick argues that the most persuasive framework for analysing the offices which make up this diverse regime involves concentrating on the constitutional values of independence, accountability and trust which underpin it. Both aspects of the book – namely the explanation of individual functions and the conceptual analysis of collective legitimacy – are written in a holistic way which encompasses critical analyses about the Attorney General and Solicitor General for England and Wales; the Counsel General for Wales; the Lord Advocate, Solicitor General and Advocate General for Scotland, as well as the Attorney General and Advocate General for Northern Ireland.
Author: Andrew Higgins
Publisher: Oxford University Press
ISBN: 0192608282
Category : Law
Languages : en
Pages : 353
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Book Description
Civil Procedure Rules at 20 is a collection of presentations and papers to mark the 20th anniversary of the CPR coming into force, many of which were delivered orally at the CPR at 20 Conference at the Bonavero Institute of Human Rights, at Mansfield College, Oxford, in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience. The book is dedicated to examining key challenges and changes facing the civil justice system, marking the 20th anniversary of the current civil procedures governing civil litigation in England and Wales. It addresses a range of technical, political, and controversial subjects on access to justice and the rules governing civil litigation, including the digitization of the justice system and the future role of artificial intelligence; the emergence of class actions; disclosure rules and reform; restrictions on Judicial Review challenges to Government decisions; closed material proceedings; and efforts to make the costs of civil litigation more affordable and proportional, including the availability of legal aid. With a Foreword by Lord Briggs, the contributions come from those best qualified to tell this story, from senior judges, practitioners, and leading academic scholars each with their own unique perspective.
Author: New England Law Review
Publisher: Quid Pro Books
ISBN: 1610278607
Category : Law
Languages : en
Pages : 325
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Book Description
The New England Law Review now offers its issues in convenient and modern ebook formats for e-reader devices, apps, pads, smartphones, and computers. This first issue of Volume 48, Fall 2013, was published in 2014 and contains articles and presentations from leading figures of the academy, the judiciary, and the legal community. Contents of this issue include: • Commencement Address at New England Law: Boston, May 24, 2013, by U.S. Attorney Carmen M. Ortiz Articles: • Creamskimming and Competition, by Jim Chen • "Give Me That Old Time Religion": The Persistence of the Webster Reasonable Doubt Instruction and the Need to Abandon It, by Hon. Richard E. Welch, III • Standing Up to Clapper: How to Increase Transparency and Oversight of FISA Surveillance, by Alan Butler Notes: • Avoiding Unintended House Boats: Towards Sensible Coastal Land Use Policy in Massachusetts, by Keith Richard • The Moral Judiciary: Restoring Morality as a Basis of Judicial Decision-Making, by Erik Hagen • Tales of the Dead: Why Autopsy Reports Should Be Classified as Testimonial Statements Under the Confrontation Clause, by Andrew Higley Comments: • Putting Beer Goggles on the Jury: Rape, Intoxication, and the Reasonable Man in Commonwealth v. Mountry, by Annalise H. Scobey • A Government of the People, by the People, for Whom? How In re Enforcement of a Subpoena Ensures that the Judiciary Is Unaccountable, by Lindsay Bohan
Author: Emmanouil Billis
Publisher: Bloomsbury Publishing
ISBN: 1509938613
Category : Law
Languages : en
Pages : 570
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Book Description
This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law. In today's global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address. The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology and legal philosophy as well as constitutional and security law.
Author: Marcelle Reneman
Publisher: Bloomsbury Publishing
ISBN: 1782253998
Category : Law
Languages : en
Pages : 430
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Book Description
Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the prohibition of refoulement. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005 and recast in 2013. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their own asylum procedures. This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review and the use of secret evidence.
